Union Of India vs Dharam Pal Etc.

The Supreme Court addressed the issue of promotion procedures under the Indian Railway Establishment Manual (IREM), specifically Rule 174 and Rule 219, which govern the appointment of Material Checking Clerks (MCC). The Court held that the respondents, who had been officiating in the MCC position without following the mandatory selection procedure, were entitled to regularization of their services after completing three years of ad hoc service. The Court directed that their officiating service should be counted for seniority and future promotions, thereby upholding their right to be considered for regularization despite the irregularities in their initial appointment.